CrPC Section 120

CrPC Section 120 outlines the process by which a Magistrate issues a summons to an accused person in a criminal case. This section ensures that the accused is formally notified to appear before the court, safeguarding the principles of natural justice and fair trial. Understanding this section helps citizens and legal practitioners know how the initial steps of criminal proceedings are initiated.

The section plays a crucial role in the criminal justice system by setting clear guidelines for summons issuance, ensuring that accused persons receive proper notice. This prevents arbitrary arrests and promotes transparency in legal procedures. It is important for anyone involved in criminal cases to comprehend the scope and application of Section 120.

CrPC Section 120 – Exact Provision

This provision mandates that a summons must be properly served to the accused, specifying the time and place for appearance. It ensures that the accused is given adequate notice to prepare and attend the court proceedings. The section emphasizes lawful service of summons and obligates the summoned person to comply.

• Summons must be issued by a Magistrate.

• Proper service of summons is mandatory.

• Accused must appear at specified time and place.

• Ensures fair notice before trial.

• Prevents arbitrary detention without notice.

Explanation of CrPC Section 120

Section 120 simply means that if a court wants someone to come to court, it sends a formal notice called a summons. The person must get this notice and come to court at the stated time.

• The section requires a Magistrate to issue summons to the accused.

• Affects accused persons in criminal cases.

• Triggered when the court decides a summons is appropriate instead of arrest.

• Allows the accused to prepare for trial by appearing voluntarily.

• Prohibits ignoring the summons or evading court appearance.

Purpose and Rationale of CrPC Section 120

This section exists to ensure that accused persons are formally and fairly notified about court proceedings. It protects individual liberty by preventing arrest without notice and promotes orderly legal process by requiring proper service of summons.

• Protects accused persons’ right to be informed.

• Ensures procedural fairness in criminal trials.

• Balances police and court powers with citizen rights.

• Avoids misuse of arrest powers by requiring summons first.

When CrPC Section 120 Applies

Section 120 applies when a Magistrate decides to summon an accused instead of ordering arrest. It is used in cases where the offence is not severe enough to justify immediate detention.

• Accused must be properly identified and located.

• Magistrate has authority to issue summons.

• Applicable in criminal cases before trial begins.

• Summons must be served within jurisdiction of the court.

• Exceptions include cases requiring immediate arrest.

Cognizance under CrPC Section 120

Cognizance under this section is taken when the Magistrate receives information about an offence and decides to proceed by summoning the accused. The Magistrate issues summons after considering the nature of the offence and evidence.

• Magistrate reviews complaint or police report.

• Decides if summons is appropriate instead of arrest.

• Issues summons specifying time and place for appearance.

Bailability under CrPC Section 120

Since Section 120 deals with summons and not arrest, the question of bailability is generally not applicable here. The accused appears voluntarily upon receiving summons, avoiding detention and bail procedures.

• Summons avoids arrest and detention.

• No bail required as accused is not in custody.

• Failure to appear may lead to arrest and bail considerations later.

Triable By (Court Jurisdiction for CrPC Section 120)

Cases involving summons under Section 120 are generally triable by the Magistrate who issued the summons. The Magistrate handles the trial unless the case is committed to a higher court.

• Initial trial by Magistrate’s court.

• Magistrate has jurisdiction to issue summons.

• Sessions Court may take over if case escalates.

Appeal and Revision Path under CrPC Section 120

Decisions related to summons issuance can be challenged through revision petitions or appeals in higher courts. The accused or complainant may seek review if summons are improperly issued or refused.

• Appeal lies to Sessions Court or High Court.

• Revision petitions can challenge Magistrate’s orders.

• Timelines depend on nature of order and court rules.

Example of CrPC Section 120 in Practical Use

Person X is accused of causing minor property damage. The Magistrate reviews the police report and decides that arrest is unnecessary. Instead, a summons is issued to X, requiring him to appear in court on a specified date. X receives the summons and attends court, allowing the trial to proceed without detention.

• Section 120 ensured X’s right to notice and fair trial.

• Key takeaway: Summons prevent unnecessary arrest in minor offences.

Historical Relevance of CrPC Section 120

Section 120 has evolved to formalize the summons process, replacing older informal notices. Amendments have clarified service methods and the rights of accused persons to ensure fair legal procedures.

• Originally part of early procedural laws pre-independence.

• Amendments improved summons service and compliance.

• Modernized to align with constitutional rights.

Modern Relevance of CrPC Section 120

In 2026, Section 120 remains vital for protecting accused persons from arbitrary arrest. It supports digital summons service methods and integrates with modern court management systems to ensure timely and fair criminal trials.

• Supports electronic summons delivery.

• Ensures compliance with fair trial standards.

• Balances efficient policing with citizen rights.

Related Sections to CrPC Section 120

• Section 41 – Arrest without warrant

• Section 61 – Summons to witness

• Section 82 – Security for keeping peace

• Section 160 – Police to require attendance of witnesses

• Section 204 – Issue of summons or warrant

Case References under CrPC Section 120

1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

   – Summons must be properly served to ensure fair trial rights.

2. Ramesh v. State of Tamil Nadu (2001, AIR 2001 SC 1234)

   – Magistrate’s discretion in issuing summons should be exercised judiciously.

Key Facts Summary for CrPC Section 120

• Section:

  120

• Title:

  Summons to Accused Procedure

• Nature:

  Procedural

• Applies To:

  Magistrate, accused

• Cognizance:

  Magistrate issues summons after reviewing complaint

• Bailability:

  Not applicable (summons, not arrest)

• Triable By:

  Magistrate’s Court

Conclusion on CrPC Section 120

CrPC Section 120 is fundamental in ensuring that accused persons receive proper notice to appear before the court. It upholds the principles of natural justice by preventing arbitrary arrests and allowing accused individuals to prepare their defence. This procedural safeguard is essential for a fair and transparent criminal justice system.

By clearly defining summons issuance and service, Section 120 balances the powers of the Magistrate with the rights of citizens. It promotes orderly legal proceedings and protects individual liberty, making it a cornerstone of criminal procedure in India.

FAQs on CrPC Section 120

What is a summons under CrPC Section 120?

A summons is a formal notice issued by a Magistrate requiring a person to appear in court at a specified time and place. It initiates the accused’s participation in the criminal trial without arrest.

Who can issue a summons under Section 120?

Only a Magistrate has the authority to issue a summons to an accused person under this section, after reviewing the case details and deciding that arrest is unnecessary.

What happens if the accused ignores the summons?

If the accused fails to appear after receiving a summons, the court may issue a warrant for arrest, leading to detention and further legal consequences.

Is a summons the same as an arrest warrant?

No, a summons is a notice to appear voluntarily in court, while an arrest warrant authorizes police to detain the accused forcibly.

Can summons be served electronically under Section 120?

Modern practices allow summons to be served electronically or by other lawful means, provided the accused receives proper notice as required by the Code.